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Madhya Pradesh High Court · body

2007 DIGILAW 1190 (MP)

Radhamohan v. State of M. P.

2007-11-16

S.C.VYAS

body2007
ORDER 1. All parties heard. 2. This is an application filed u/s. 482 of CrPC for seeking directions of custody of the girl who has been sent to Nari Niketan by the trial Court. 3. A case u/s. 363, 366, 376 of the IPC has been registered against respondent No.2 as Crime No. 310/07 by police Pardeshipura, Indore. The case was registered on the basis of FIR lodged by petitioner No.1 Radha Mohan who happens to be father of the prosecutrix. During the course of investigation, respondent No.2 was arrested and the prosecutrix was also brought to the police station, from where both of them were produced before JMFC. The JMFC sent the prosecutrix to Nari Niketan as there was no one available to take her in custody on that day. She is a girl of 17 years and six months and was minor at that time. She is not well there in Nari Niketan. Thereafter, present petitioners moved an application before the trial Court for seeking custody of the girl. That application was dismissed by the trial Court. Similar application which was moved before Additional Sessions Judge which was also dismissed and that is how, present petitioners have come before this Court for seeking custody of the girl who is minor and is reported to have delivered a child recently. 4. Learned counsel for the petitioners as well as respondent No. 2 both have submitted that the girl is 17 years and six months of age and therefore is minor. She is not well in Nari Niketan. Earlier an application was sent by the prosecutrix through the Incharge of Nari Niketan to the concerning Court to the effect that she be handed over to her parents. Parents have also moved an application for seeking custody of the girl. In this way everyone is agreed in this regard that the girl be given in custody of her parents. It has also been submitted by both the counsels that the prosecutrix also desires to live with her parents, as it apparent from the application which was sent by her through Nari Niketan to the Court concerned, to that effect. In this regard attention of this Court has been drawn towards the proceedings dated 12.10.2007 recorded by the trial Court. It has also been submitted by both the counsels that the prosecutrix also desires to live with her parents, as it apparent from the application which was sent by her through Nari Niketan to the Court concerned, to that effect. In this regard attention of this Court has been drawn towards the proceedings dated 12.10.2007 recorded by the trial Court. Original certificate of primary examination 2000-01 has also been shown, in which the date of birth of the prosecutrix has been shown as 30.11.1989, which shows that till today she is below 18 years of age. 5. As the prosecutrix herself wishes to live with her parents, as argued by both the counsels and she is minor and has also delivered a child recently, therefore, naturally needs care and protection of her parents. So in these circumstances trial Court should have allowed the application of the present petitioners and the girl should have been handed over to the parents for her care and protection, because she is minor. 6. Therefore, in the interest of justice the petition is allowed and trial Court is directed to hand over the custody of the minor girl to her parents after obtaining surety and personal bonds of reasonable amount, from them for her production as and when it is ordered by that Court. With these directions the petition is disposed of. 7. Copy of this order be sent to the trial Court for compliance.